HF 2359 (LSB 6069YH (4) 87)

HOUSE FILE 2359

BY  HALL

A BILL FOR

An Act relating to sexual assault policies adopted by state and accredited private postsecondary institutions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 260C.14, subsection 18, Code 2018, is amended to read as follows:
   18.  Develop and implement a written policy, which is concerning sexual assault as defined in section 915.40, and domestic violence, dating violence, and stalking as defined in the federal Higher Education Act of 1965, 20 U.S.C. §1092(f), involving a student, both on and off campus. The policy shall be disseminated during student registration or orientation, addressing and shall do all of the following four areas relating to sexual abuse:
   a.  Include an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. For purposes of this subsection, “affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. Under such standard, each person engaged in the sexual activity is responsible for ensuring that the person has the affirmative consent of any other person engaging in the sexual activity. Silence or lack of protest or resistance does not mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between the persons, shall not by itself be assumed to be an indicator of consent.
   b.  Address the following four affected areas:
   (1)  Counseling.
   b.  (2)  Campus security.
   c.  (3)  Education, including prevention, protection, and the rights and duties of students and employees of the community college.
   d.  (4)  Facilitating the The accurate and prompt reporting of sexual assault including sexual abuse, domestic violence, dating violence, and stalking to the duly constituted law enforcement authorities.
    Sec. 2.  Section 261.9, subsection 1, paragraph f, Code 2018, is amended to read as follows:
   f.  Develops and implements a written policy, which is concerning sexual assault as defined in section 915.40, and domestic violence, dating violence, and stalking as defined in the federal Higher Education Act of 1965, 20 U.S.C. §1092(f), involving a student, both on and off campus. The policy shall be disseminated during student registration or orientation, addressing and shall do all of the following four areas relating to sexual abuse:
   (1)  Include an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. For purposes of this paragraph “f”, “affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. Under such standard, each person engaged in the sexual activity is responsible for ensuring that the person has the affirmative consent of any other person engaging in the sexual activity. Silence or lack of protest or resistance does not mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between the persons, shall not by itself be assumed to be an indicator of consent.
   (2)  Address the following four affected areas:
   (a)  Counseling.
   (2)  (b)  Campus security.
   (3)  (c)  Education, including prevention, protection, and the rights and duties of students and employees of the institution.
   (4)  (d)  Facilitating the The accurate and prompt reporting of sexual assault including sexual abuse, domestic violence, dating violence, and stalking to the duly constituted law enforcement authorities.
    Sec. 3.  Section 262.9, subsection 28, Code 2018, is amended to read as follows:
   28.  Develop and implement a written policy, which is concerning sexual assault as defined in section 915.40, and domestic violence, dating violence, and stalking as defined in the federal Higher Education Act of 1965, 20 U.S.C. §1092(f), involving a student, both on and off campus. The policy shall be disseminated during registration or orientation, addressing and shall do all of the following four areas relating to sexual abuse:
   a.  Include an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. For purposes of this subsection, “affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. Under such standard, each person engaged in the sexual activity is responsible for ensuring that the person has the affirmative consent of any other person engaging in the sexual activity. Silence or lack of protest or resistance does not mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between the persons, shall not by itself be assumed to be an indicator of consent.
   b.  Address the following four affected areas:
   (1)  Counseling.
   b.  (2)  Campus security.
   c.  (3)  Education, including prevention, protection, and the rights and duties of students and employees of the institution.
   d.  (4)  Facilitating the The accurate and prompt reporting of sexual assault including sexual abuse, domestic violence, dating violence, and stalking to the duly constituted law enforcement authorities.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies the current requirement that all community colleges, regents universities, and accredited postsecondary private institutions develop, implement, and disseminate a written sexual assault policy. The bill provides that the policy developed, implemented, and disseminated concerns sexual assault including sexual abuse, domestic violence, dating violence, and stalking involving a student, both on and off campus.
   The policy must include an affirmative consent standard in the determination of whether consent was given by parties to the sexual activity. The bill defines “affirmative consent” to mean affirmative, conscious, and voluntary agreement to engage in sexual activity. Under that standard, each person involved in the sexual activity is responsible for ensuring that the person has the affirmative consent of any other person engaging in the sexual activity. Silence or lack of protest or resistance does not mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between the persons, shall not by itself be assumed to be an indicator of consent.
   The policy must also address the accurate and prompt reporting of sexual assault including sexual abuse, domestic violence, dating violence, and stalking to the duly constituted law enforcement authorities.